Claim against a house builder

[satsuma]

hello - £540 for a "reskim" ? (- "must be a big lounge") ? / PIR sensors cost £9.99 from screwfix (meaning for £59.99 total trade cost) yet your "home demo" (i don't know what this is) valuation is "£190" ? (- and hence presumably why the solicitor asked for remediation...)

they are in violation of contract, but you are seemingly asking for "icing on multiple cakes via christmas list" (- can i point out that "nobody made you buy the house"); in your favour only the prior is a point of law and the defects have been confirmed by both parties, but like you say; the "saga" is ongoing thus it is hard to speculate... (- please also "ignore" the above appropriately.)

regards from bradford.

[NBluth]

Thanks Satsuma - Bradford isn’t too far away, and is where my wife is from.

I agree that no one made us buy the house, I suppose that’s the downside of buying off plan, from what appeared to be a reputable developer. However, almost all of our estate has subsequently had issues with the builder and their reviews have continued to decline. Hindsight is 20/20, but I don’t think we’ would ever buy another new build.

I think “icing on multiple cakes” is a little harsh, but I understand what you’re saying on those two items - the PIR cost is what we paid the developer for it as an optional extra, and the ceiling I would assume is the preparation work. I equally accept some of the work would be cheaper under a “DIY” route, or if the developer were to do it themselves, but they have been given multiple chances and getting professionals in seems to cost money (particularly where they are fixing bodge jobs). The total costs are also supported by a cost estimate from a chartered surveyor too.

Just in case it wasn’t in the earlier detail - the resolution service of the warranty provider has been used 3 times, and the developer has asserted these issues had been resolved or didn’t exist so I don’t think it is them trying to resolve the issues, I think it’s them trying to play games.

[satsuma]

sorry for the tone of the previous post; i was in a bad mood and shouldn't have been venting on the internet as usual (as you say "hindsight")

"the PIR cost is what we paid the developer for it as an optional extra" (i missed this; and thus would retract my previous (if given the opportunity) as of this basis; i thought you were asking "house to be finished to a improved standard" which in this case would appear to be (relative to the fact that; "almost all of our estate has subsequently had issues") - "a not very good standard"... (- you can not hold them beyond the realm of what they are reasonabley capable of (regardless of what was infact advertised).

as (and what i believe they are arguing) with law; you are not to be "furnished" only "compensated" (which is thus debatable due to above point of relativity) but... if there are "missing pieces entirely; ontop of defects" (which is ridiculous whichever way you look at it); i hope you will be successful and can obtain anything from the above that may help towards going foreward.

kind regards.

[jaguarsuk]

You had a good outcome from that hearing, you have come across as being reasonable and seeking to resolve the issues, they have come across as trying to be obstructive.

If the solicitor can't understand simple English they shouldn't be practicing. It was a polite way of saying when your client wises up, make me a proper offer.

[NBluth]

Thanks JaguarsUK - that's helpful and I really appreciate all your help so far.

I have spoken with my expert, and he is happy to have a meeting with the Defendant's expert, and to do as the Court has instructed in their order. If needed, he will update his previous report so it is compliant with the CPR requirements since it appears we are going to trial. He has also said he is happy to attend court on the day of the trial.

He disagrees with a lot of the Defendant's experts report, and his view is that it will be helpful if there are any areas in which we can discredit his report. I think that is possible in certain places as for example, the Defendant's expert states he inspected my roof with binoculars, however, the CCTV from my property doesn't show him with any!

Whilst I have a little time, I thought it was good to try and get all my papers in order - attached are a drafts of:

i) Witness Statement
ii) Schedule of Loss
iii) Statement of Costs

How do these documents look?

I also had a few questions:

1) I appreciate my Witness Statement is meant to be all my own facts or beliefs. Looking at the guidance, I am unsure if I should be pointing out where my facts, prove the Defence is factually incorrect? (These are generally square bracketed in red)

2) I expect my Witness Statement to refer to other statements - one from my wife (para 3.3) and one from my expert (para 4.4) - do I just put these documents behind Exhibit Plates as with all of my other pieces of evidence?

3) Schedule of Loss - behind this schedule, I go through the items point by point, explaining where the Defendant has been notified, my evidence, along with my quotations.
i) Is it correct for this to be submitted as a separate exhibit (and not part of my main witness statement)?; and
ii) Do I need this level of detail?

4) Costs order - I do believe the Defendant has behaved unreasonably, but I appreciate this is subjective.
i) Do I want to include section 6 in my Witness Statement, or keep that up my sleeve?
ii) I can't be specific on the exact costs at this point, as I don't know how much my expert is going to charge for the meetings / updated report / attending trial; however, lets say its above £750, can I include it in this schedule, or will it be treated as "double dipping" since I have already spent £1,350 on the first report (which the Defendant ignored).
iii) If I can ask for costs - is this schedule appropriate (and do I need to include anything else)?

5) Is my expert allowed to attend court with me (I would like this, and I entered '2' in the number of witnesses)?

[NBluth]

Hi! The Defendant's solicitor is suggesting dates for the joint expert meeting that are on / after the deadline instructed in the Court order. I don't think they are being reasonable, what can I do about this?

My expert has suggested I need to ask the Court for an extension - is that correct?

[NBluth]

I discovered I had access to a legal helpline through my employer. The advice I received, which aligned to my research was:
- the Defendant should seek an extension from the Court as they have offered dates that do not allow the production of a joint expert statement by the deadline; and
- if they do not seek an extension I will have to make an application to the court, and should ask for a costs order too.

What a big pain.

[jaguarsuk]

You should utilise that legal helpline as much as possible to help you on the claim.

[NBluth]

You’’re back JaguarsUK - hope everything is OK.

The Defendants expert still hasn’t agreed to the joint statement and seems to be frustrating the process. The advice I’ve had is to demonstrate that I have tried my best to comply with the court order. Have to send off Witness Statements and evidence tomorrow, so will feel better when that is done.

[jaguarsuk]

Yeah, I have been caught up in an increased workload during the pandemic (with reduced income) and have not been able to be on here at all really.

[NBluth]

Have received the attached from the attached Court Order from the Defendant's solicitor today - not sure why I haven't copy directly, but assume it got lost in the post.

A couple of questions:
1. I personally think a hearing in person would be better (e.g. for video footage), however, I suppose under the current circumstances I should show willing and accept a remote hearing;
2. Do I just send a letter to Court with the responses along the lines of the below -

Dear Court Manager,

1. I am the Claimant in the above matter.
2. I received an email from the Defendant’s solicitor on 7 October 2020 that alerted me to the fact that there had been a Court Order dated 24 September 2020. Had I received the Court Order directly, I would have responded sooner.
3. In respect of the Court Order, I can confirm that the hearing would be suitable for being conducted remotely.
4. Availability details are below:

[NBluth]

I submitted a statement to the Court along those lines, and now have a hearing date for February 2021, which will be conducted via video conference.

The Order that came today states

The directions in the order dated 18 May 2020 shall apply to the hearing and the parties are reminded that all parties must deliver to the other party and to the Court preferably by email to enquiries.huddersfield.countycourt@justice.gov.uk (the email subject line must start with the case number, the parties’ names and the date and time of any hearing) copies of all documents including witness statements upon which they wish to rely to arrive no later than 14 days prior to the hearing.

All documents were submitted in hard copy to the Court and Defendant in early July. I therefore had two questions:
i) The Defendant didn’t file any witness statements or evidence in July (other than their expert report) - hopefully the above doesn’t change that?
ii) I assume I just submit my witness statements and evidence in soft copy before the deadline (and shouldn’t add new evidence)?

[jaguarsuk]

i - they could file a witness statement and other evidence if they wished, but it’s unlikely they will as they seem to be relying on the experts report.

ii - yes, submit them to the court and serve upon the other party via email before the deadline.

[NBluth]

So as expected the Defendant's solicitior has served a trial bundle today - which is a scattered collection of documents. Not sure if they are trying to intimdate but it is after the deadline in the original court order, and the second court order when the hearing moved to a remote hearing due to COVID.

I have emailed the solicitor to say I will be bringing this to the attention of the Judge, but he says the documents have been shared before so it doesnt matter. I think that is a load of rubbish and some of them haven't - should I just bring this up at the hearing on Friday, or submit an additional witness statement to really hammer home, what in my view, is more unreasonable behaviour?

If so, how does my draft below look:

1. The Defendant delivered a Bundle on or around 11.44am on 2 February 2021 via e-mail as shown by Exhibit NB/XX – Page 1.

1. The Bundle by the Defendant excludes specific documents that are pertinent to the case (such as the reply to defence) and specific documents in this Bundle had not previously been shared with the Court or Claimant. Consequently, the Claimant has had insufficient time to consider all the documents in this Bundle.

1. The Claimant also wishes to highlight the following:

1. --The Claimant never gave express written permission under CPR 6.23(6) that documents could be served via electronic means;

1. --The Defendant delivered a 216 page bundle after the deadlines for the delivery of documents stipulated in the Court Orders dated 18 May 2020 and 2 November 2020 (“the Court Orders”) and still did not include any witness statements; and

1. --Despite raising concerns with the Defendant’s solicitor, Mr XXXX on 2 February 2021; he alleges that the documents within the Bundle were shared ahead of the deadlines stipulated in the Court Orders, as shown in Exhibit NB/XX – Page 2. The Claimant therefore puts the Defendant to the strictest proof on this matter.

1. It is also unclear why the Defendant’s solicitor who is required to assist the Court in its overriding objective under CPR 1, failed to follow the directions of the Court Orders and delivered the Bundle after the deadlines. This is particularly relevant as from examining the Bundle Index List; no document has been included in the Bundle after 20 July 2020; and therefore delivering the Bundle over seven months late and at such a late stage appears to be nothing more than attempt to confuse the Court and game the process.

1. It is therefore a matter of fact that the Defendant has failed to deliver this Bundle in accordance with the requirements of the CPR and it is the Claimant’s belief that the Defendant has behaved unreasonably. Therefore, the Claimant asks the Court to disallow any evidence contained in this Bundle.

[NBluth]

Just to update - the hearing was today and I WON! Just over £9k payable within 21 days.

I decided not to file the above, but the defendant filed another bundle yesterday to try and pull a fast one. They’d put black and white versions of all the reports to try and diminish the impact of my experts colour photographs so I had to collate another bundle yesterday.

The Judge found in my favour for 90% of the Claim, and then awarded costs for the Defendants unreasonable behaviour so in effect, I ended up with 101% of the claim value. The Judge had a right go at the Defendant’s counsel for their conduct. Definitely glad it is over.

jaguarsuk - thank you for all your help, I wouldn’t have succeeded without you.